Right to Work checks are changing, here's what you need to know
Right-to-work checks have long been a familiar part of recruitment and onboarding. But from 1st October 2026, employers may need to think beyond the traditional employee population. The changes are expected to bring a wider range of working arrangements into focus, including some contractors, agency labour, subcontractors, freelancers and platform-based workers.
For employers, the message is clear: right-to-work compliance is no longer just an onboarding task for permanent hires. It is becoming a broader workforce governance issue for HR, legal, procurement and anyone responsible for engaging labour.
Section 48 of the Border Security, Asylum and Immigration Act 2025 expands the definition of “employer” for illegal working purposes. It does not change employment status law more generally, but it does require organisations to look carefully at how work is sourced, supplied and managed in practice.
The practical question for employers is no longer simply “is this person an employee?” Teams should also ask who is doing the work, how they are engaged, who controls the arrangement and whether a compliant check is required before work starts.
This is especially important where individuals are described as self-employed consultants, freelancers or independent contractors. Labels alone will not always be decisive; employers should look at the substance of the arrangement and whether the individual is genuinely operating an independent business.
Why this matters for Employers
A compliant right-to-work check gives an employer a statutory excuse against a civil penalty, provided the correct process is followed and any required follow-up checks are completed. If checks are missed, incomplete or carried out too late, that protection may be lost.
The financial exposure can be significant: civil penalties are currently up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches, with possible criminal consequences where an organisation knowingly employs someone without the right to work.
Now is the time to review workforce models, supplier arrangements, onboarding processes and record keeping, and to identify who owns each part of the compliance process.
Who should review their arrangements?
The organisations most likely to be affected are those that:
engage self-employed individuals, freelancers or workers under non-standard contracts
outsource services to third-party providers
operate subcontracting models
source labour through online matching platforms
use layered contractual arrangements to deliver services
These arrangements do not automatically create liability. Responsibility will depend on the statutory framework and the contractual relationships between the parties.
What has not changed?
The fundamentals remain familiar. HR teams should continue to follow the Home Office Employer’s guide and apply the basics consistently:
Check before work starts. Without a check, you have no statutory excuse.
Use a prescribed method. That’s a manual document check, a Home Office online check with a share code, or a registered digital provider.
Keep clear records. Keep a copy of what you checked and the date you checked it, for as long as the person works for you and two years after.
Book in follow-up checks. Anyone with time-limited permission needs a repeat check before it runs out.
Treat everyone the same. Check every new starter in the same way, so nobody is singled out. There’s a separate Home Office code on avoiding unlawful discrimination while you do this.
How employers can prepare
To prepare, employers should focus on the following actions:
Map your workforce. List everyone who does work for you, from employees and agency staff to freelancers, subcontractors and platform workers. Mark who’s now in scope.
Review supplier contracts. Check for right to work terms, limits on subcontracting and substitution, audit rights and a way to verify identity.
Check your digital provider. Confirm they’re on the Office for Digital Identities and Attributes (OfDIA) register and authorised for right to work checks.
Track follow-up dates. Are repeat checks recorded somewhere reliable, or buried in a spreadsheet only one person understands?
Test your records. If the Home Office asked tomorrow, could you find proof of any check in five minutes?
Brief your managers. Anyone involved in recruitment and onboarding, or in hiring contractors, needs to know the new rules. Procurement should be in that conversation too.
The key takeaway is to treat right-to-work compliance as part of wider workforce planning, not just recruitment administration. Mapping who works for the organisation, reviewing supplier arrangements and strengthening records will help employers reduce risk and prepare for the expanded regime.
How we can help
If you would like some help to understand and implement these changes get in touch with our team for support.
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Disclaimer
All information within the post is provided for guidance only; always seek your own legal advice.
The information with this post was correct at the time of publishing, October 2026 but may be subject to change.
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